beta
(영문) 부산지방법원 2014.09.18 2013가단94455

손해배상(자)

Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 29,087,812, Plaintiff B, C, D, E, and F, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant G is the H Poter Cargo (hereinafter “instant vehicle”) owned by Defendant G on May 13, 2012, under the state of 08:05 the blood alcohol concentration of 0.114%.

) A driving of the vehicle, the number of street trees in front of the Maspo-dong, the Maspo-dong, from the Maspo-dong to the southyang Middle School was collisioned over two times on the right side of the direction. As a result, the victim I, who was accompanied by the instant vehicle, was receiving treatment by heavy injury, and died from a multi-long-term function hospital at the Maspo-dong, Maspo-dong, Seocheon-gu, Busan (hereinafter “instant accident”). < Amended by Act No. 11283, Oct. 14, 2012>

2) The Plaintiff A is the wife of the deceased I (hereinafter “the deceased”). The Plaintiff B, C, D, E, and F are the deceased’s children, who were the deceased’s inheritors, and the Defendant lot damage insurance company is the insurer who concluded the automobile insurance contract with the Defendant G on the instant vehicle.

B. According to the facts of recognition as the basis of liability, the instant accident occurred due to the negligence of driving the instant vehicle due to Defendant G’s failure to drive the instant vehicle due to the failure to drive the vehicle in the front state and the duty of safe driving. As such, Defendant G and the instant vehicle insurer are jointly and severally liable to compensate the Plaintiffs, the deceased’s heir, for the damages caused by the instant accident.

C. The Defendants asserted that the Defendants’ assertion on the limitation of liability and the duty to urge safe driving as to the limitation of liability were not satisfied, and the Deceased, despite being aware of the drinking alcohol of Defendant G, took the instant vehicle without urging Defendant G to drive safely. As such, the Deceased’s error contributed to the occurrence of the instant accident and the expansion of damage, it should be considered as grounds for offsetting negligence.

As to whether the Deceased was aware of the drinking alcohol of Defendant G at the time of the instant accident, the Health Team, Eul’s No. 1-4, and Defendant G.